GEORGETOWN, S.C. —  Delcie Tisdale says she has eye cancer that causes partial blindness, chronic bronchitis and has had a stroke.

The 46-year-old Georgetown resident is now a plaintiff in an ongoing lawsuit against International Paper Co., alleging that the illnesses were brought by pollution from the paper mill.  

At least 200 others, some with similar illnesses, have asked to be part of the lawsuit, claiming that they have injuries and property damages that they claim could be caused by pollution from the mill.

IP representatives argue that the plant is operated in a “safe and environmentally responsible manner.”

Tisdale, who grew up on Emanuel Street, said she is now disabled.

She had a stroke while in her 30s and doctors discovered then that her reproductive organs were twisted, she said.

She was told she had eye cancer when she was 8 years old, she said.  

“That’s when I started with that,’’ she said of her eye cancer.

She said she decided to join the lawsuit when she heard about the possibility the mill “damaged a lot of people with sickness.”

“My two sisters have diabetes and heart attacks,’’ she said. “My mother and brother have bronchitis.”

The federal case, filed in Charleston, now includes a filing of a mass tort, said Ryan Heiskell, an attorney for the Bell Legal Group.

Those who have asked to be part of the case include former employees, cancer patients and others who want to sue for people who have already died, Heiskell said.

In a recent response to the lawsuit, attorneys for IP asked for the suit to be dismissed.

“The Plaintiffs’ claims for public nuisance, wantonness, negligence per se, ultra-hazardous activity, fraudulent suppression, and unjust enrichment are fatally flawed under South Carolina law, and should therefore be dismissed with prejudice,” according to documents filed by IP in federal court.

No decision has been made on whether the request to throw out the lawsuit will be granted.

A spokesman for IP could not immediately be reached for contact Tuesday.

Kim Gill, spokesperson for IP, said earlier this week that she cannot comment on the specifics of pending litigation; however, she will defend the allegations vigorously to uphold the mill’s strong safety and environmental record.

“We operate our mill subject to extensive local, state and federal environmental regulations that are designed to safeguard human health and the environment,” Gill said.

“We have a long-standing commitment to the community to operate our mill in a safe and environmentally responsible manner.”

Other complaints

At a facility arranged to handle the complaints that are being heard about IP, potential plaintiffs talk about their illnesses and their concerns.

“I go to the doctor about every six months,’’ Tisdale said. “I can’t see things clear in this eye.”

She said she finds it hard to get through the day, at times.

Heiskell said there is no limit to the number of people who can join the mass tort.

He believes the case, which could take years to settle, will set a nationwide precedent.

“To my knowledge, no other similar case has been filed against such a large international paper mill company,’’ he said.

He said the Bell Legal Group intends to have the case heard in front of a jury.

It could be more than a year before the trial begins, he said.

“During that time, we’ll be doing discovery,’’ he said. “Each side will be requesting information from the other. We’ll be taking depositions and reviewing International Paper mill’s onsite and offsite testing.”

The original lawsuit, filed in August, said International Paper Co. intentionally polluted the air, land and water around Georgetown, and covered up the problem.

The environmental action was filed on behalf of the citizens of Georgetown, according to the Bell Legal Firm.

“IP, a pulp and paper manufacturing company located in Georgetown, has continuously, and for years, released hazardous substances and toxic waste into the air, land and water, which have caused serious health effects on both humans and animals,” the lawsuit states.

The lawsuit further states that IP “knowingly suppressed facts pertaining to the extent of their release, and in doing so, they willfully neglected to inform citizens that their emissions could cause, promote, and accelerate cancer, cause birth defects, and cause other serious, disabling, and life-threatening diseases and health conditions.”

Most of the people who have asked to join the lawsuit have respiratory illnesses and others do have eye cancer,  Heiskell said.

The most common illnesses seen in the possible plaintiffs are breast cancer, eye cancer and prostate cancer, said  Vanessa Bertka, an employee with the Bell Legal Group.

More people are coming forward, as the lawsuit continues, Heiskell said.

The lawsuit is expected to take several years of litigation, he said.  

“We have no intention of shutting down the paper mill,’’ he said. “We believe they have technology required to prevent these emissions, but have chosen not to employ those devices in Georgetown. We believe other communities in which IP operates have and do benefit from this newer technology.”

He continued, “There’s nothing we can do to make IP do the right thing except follow through with this lawsuit.”

By Kelly M. Fuller

Kfuller@gtowntimes.com